Resolution 2023-### Page 1
RESOLUTION 2023-###
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO IMPLEMENTING THE FY 2023/2024 BUILDING, PLANNING, AND PUBLIC WORKS
USER FEE INCREASES THE CITY COUNCIL PREVIOUSLY DETERMINED SHALL TAKE EFFECT ON JULY 1, 2023 BASED ON THE BUREAU OF LABOR STATISTICS
EMPLOYMENT COST INDEX
WHEREAS, in California, several constitutional laws such as Propositions 13, 4, and 218, State Government C odes 66014 and 66016, Attorney General's Opinion 92- 506, and more recently Proposition 26 stipulate that user fees charged by local agencies may not exceed the estimated reasonable cost of providing the service for which the fee is charged; and
WHEREAS, by definition, permit fees or user fees are a charge for services provided by a governmental agency to a public citizen or group; and
WHEREAS, in early 2020 the City contracted with MGT Consulting Group to perform a development cost of service study using fiscal year 2019/20 budgeted figures, staffing and operational information from the Building, Planning and Public Works Engineering divisions; and
WHEREAS, MGT initially recommended increasing these user fees annual ly by using an escalation factor to account for inflation and minimize the decrease in cost recovery until the next user fee study based on the April Consumer Price Index for All Urban Consumers (CPI -U) for the San Francisco Bay area to keep pace with inflation approved by City Council Resolution 2021-55; and
WHEREAS, MGT subsequently recommended using an annual escalation factor to increase Building, Planning and Public Works user fees based on the Bureau of Labor Statistics, Employment Cost Index – total compensation for State and local government workers – all workers , to keep pace with inflation due to the cost of government employees, which is largely what affects the cost of City services related to the User Fees, and
WHEREAS, in May 3, 2021 by Resolution 2021- 055, the City Council of the City of San Pablo adopted the annual escalation factor based on the Bureau of Labor Statistics, Employment Cost Index: total compensation for State and local government workers – all workers; and
WHEREAS, by Resolution 2021-055, the City Council determined that this annual escalation factor shall be used annually to increase user fees for Building, Planning and Public Works and that fee increases are to be implemented effective July 2, 2021, and July 1
st of each subsequent fiscal year; and
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WHEREAS, the user fees affected by the escalation fact or adopted by the City Council are fees as defined under State law and not taxes, as (1) A charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the r easonable costs to the local government of conferring the benefit or granting the privilege; (2) A charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exce ed the reasonable costs to the local government of providing the service or product; (3) A charge imposed for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enfor cing agricultural marketing orders, and the administrative enforcement and adjudication thereof; (4) A charge imposed for entrance to or use of local government property, or the purchase, rental, or lease of local government property; (5) A fine, penalty, or other monetary charge imposed by the judicial branch of government or a local government, as a result of a violation of law; (6) A charge imposed as a condition of property development; or (7) Assessments and property-related fees imposed in accordance with the provisions of Article XIII D; and
WHEREAS, the City Council has been presented with a table of updated user fees for Building, Planning and Public Works for Fiscal Year 202 3/2024 (attached as Exhibit A) that were derived using the escalation factor the City Council determined previously shall be applied to increase those fees effective July 1, 2023; and
WHEREAS, t his action is not a project as defined by CEQA in that CEQA Guidelines section 15378(b)(4) states that “project” does not include the creation of government funding mechanisms or other governmental fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Pablo hereby implements the Building, Planning and Public Works user fee increase the City Council previously decided would take effect on J uly 1, 2022 using the annual escalation factor based on the Bureau of Labor Statistics, Employment Cost Index: total compensation for State and local government workers – all workers of 4.9%, and that the Building, Planning and Public Works user fees shown in Exhibit A are the new fees that take effect on July 1, 2023.
BE IT FURTHER RESOLVED that the foregoing recitations are true and correct and are included herein by reference as findings.
* * * * * * *
ADOPTED this 20th day of June, 2023 by the following votes:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
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ATTEST: APPROVED:
____________________ ________________________
Dorothy Gantt, City Clerk Abel Pineda, Mayor